REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the Department) files this notice of intent to review the rules in Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter B, Collection of Debts, comprised of §1.51 (Administrative Procedures), §1.52 (Demand Letters), §1.53 (Referrals of Matters to the Office of the Attorney General for Collection), §1.54 (Records), §1.55 (Exceptions), and §1.56 (Waiver of Fees).

This review is being conducted in accordance with the requirements of Texas Government Code, §2001.039 (Agency Review of Existing Rules).

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.

Written comments pertaining to this rule review may be submitted by mail to Susan Maldonado, Lead Deputy General Counsel, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email at Susan.Maldonado@TexasAgriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202203321

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 30, 2022


The Texas Department of Agriculture (the Department) files this notice of intent to review the rules in Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter C, Minority Purchasing, comprised of §1.71 (Statement of Purpose), §1.73 (Identification of Historically Underutilized Businesses (HUBs), §1.74 (Certification Requirements), §1.75 (Outreach), §1.76 (In-House Training), §1.77 (Tracking of Progress), and §1.78 (Historically Underutilized Business Program).

This review is being conducted in accordance with the requirements of Texas Government Code, §2001.039 (Agency Review of Existing Rules).

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.

Written comments pertaining to this rule review may be submitted by mail to Susan Maldonado, Lead Deputy General Counsel, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email at Susan.Maldonado@TexasAgriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202203351

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 31, 2022


The Texas Department of Agriculture (the Department) files this notice of intent to review the rules in Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter G, Interagency Agreements, comprised of §1.310 (Joint Memorandum of Understanding (MOU) Between the Texas Department of Agriculture (TDA) and the State Office of Administrative Hearings (SOAH) Concerning Procedures for Contested Cases Conducted by SOAH for TDA) and §1.320 (Memorandum of Understanding Between the Texas Department of Agriculture and the Texas Department of Health, Bureau of Food and Drug Safety).

This review is being conducted in accordance with the requirements of Texas Government Code, §2001.039 (Agency Review of Existing Rules).

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.

Written comments pertaining to this rule review may be submitted by mail to Susan Maldonado, Lead Deputy General Counsel, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email at Susan.Maldonado@TexasAgriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202203330

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 30, 2022


The Texas Department of Agriculture (the Department) files this notice of intent to review the rules in Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter M, Surplus Agricultural Products Grant Program, comprised of §1.900 (Statement of Purpose), §1.901 (Definitions), §1.903 (Eligibility), §1.904 (Contents of Proposal), and §1.905 (Reporting Requirements).

This review is being conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.

Written comments pertaining to this rule review may be submitted by mail to Karen Reichek, Administrator for Trade & Business Development, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email at Karen.Reichek@TexasAgriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202203323

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 30, 2022


The Texas Department of Agriculture (the Department) files this notice of intent to review the rules in Texas Administrative Code, Title 4, Part 1, Chapter 26, Subchapter C, 3E's Grant Programs, comprised of Division 1, Nutrition Outreach Program, §26.30 (Statement of Authority and Purpose); Division 2, Expanding the 3E's Grant Program, §26.40 (Statement of Authority), §26.41 (Definitions), §26.42 (Statement of Purpose), §26.43 (Eligibility), §26.44 (Application Procedure), §26.45 (Selection Criteria), §26.46 (Permitted Use of Grant Funds), §26.47 (Grant Agreement), §26.48 (Reporting Requirements); and Division 3, Establishing the 3E's Grant Program, §26.50 (Statement of Authority), §26.51 (Definitions), §26.52 (Statement of Purpose), §26.53 (Eligibility), §26.54 (Application Procedure), §26.55 (Selection Criteria), §26.56 (Grant Agreement), and §26.57 (Reporting Requirements).

This review is being conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.

Written comments pertaining to this rule review may be submitted by mail to Karen Reichek, Administrator for Trade & Business Development, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email at Karen.Reichek@TexasAgriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202203310

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 29, 2022


Texas Racing Commission

Title 16, Part 8

The Texas Racing Commission (TXRC) files this notice of intention to review and consider for re-adoption, revision, or repeal Texas Administrative Code, Title 16, Chapter 307, Proceedings before the Commission; Chapter 309, Racetrack Licenses and Operations; Chapter 311, Other Licenses; Chapter 313, Officials and Rules of Horse Racing; Chapter 315, Officials and Rules of Greyhound Racing; Chapter 319, Veterinary Practices and Drug Testing; Chapter 321, Pari-Mutuel Wagering; and Chapter 323, Disciplinary Action and Enforcement. The review and consideration of the rules are conducted in accordance with Texas Government Code §2001.039. The review will include, at a minimum, an assessment by TXRC of whether the reasons the rules were initially adopted continue to exist and whether the rules should be re-adopted.

Any questions or comments pertaining to this rule review may be submitted to Virginia S. Fields, General Counsel, via mail at P.O. Box 12080, Austin, Texas 78711, via email to info@txrc.texas.gov. The deadline for comments is thirty (30) days after publication of this notice in the Texas Register. Any proposed changes to the rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register. The proposed rule changes will be open for public comment prior to the final adoption or repeal of the rules by TXRC in accordance with the requirements of the Texas Administrative Procedure Act, Texas Government Code Chapter 2001.

TRD-202203228

Virginia Fields

General Counsel

Texas Racing Commission

Filed: August 24, 2022


Texas Education Agency

Title 19, Part 2

Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner's Rules, pursuant to Texas Government Code, §2001.039.

As required by Texas Government Code, §2001.039, TEA will accept comments as to whether the reasons for adopting Chapter 76, Subchapter AA, continue to exist.

The public comment period on the review begins September 9, 2022, and ends October 10, 2022. A form for submitting public comments on the proposed rule review is available on the TEA website at https://tea.texas.gov/about-tea/laws-and-rules/commissioner-rules-tac/commissioner-of-education-rule-review.

TRD-202203370

Cristina De la Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: August 31, 2022